O-2853-8-09ORDINANCE NO. 2853-8-09
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY
AMENDING THE DEVELOPMENT REGULATIONS FOR PROPERTY ZONED
"PD" PLANNED DEVELOPMENT NO. 55, ORDINANCE NO. 1226-3-94, AS
AMENDED, TRACT 2, BEING ALL OF LOT 2, BLOCK A, WOODS AT WAITERS
ROAD ADDITION, AN ADDITION TO THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, A 0.582± ACRES DESCRIBED IN EXHIBIT "A" ATTACHED HERETO;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission of the City of Allen and the governing body of the City of
Allen, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, have given the
requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair
hearing to all the property owners generally and to all persons interested and situated in the affected area, and in
the vicinity thereof, and in the exercise of its legislative discretion, have concluded that the Allen Land
Development Code and Zoning Map of the City of Allen, as previously amended, should be amended.
' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Allen Land Development Code and Zoning Map of the City of Allen, Texas, be amended
by amending the Development Regulations for "PD" Planned Development No. 55, Ordinance No. 1226-3-94,
as amended, Tract 2, being all of Lot 2, Block A, Woods at Watters Road Addition, an Addition to the City of
Allen, Collin County, Texas, according to the map or plat thereof recorded as Clerk's File No.
20070123000101690, Deed of Records, Collin County, Texas ("the Property', a 0.582± acre tract more
particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes.
SECTION 2. The Development Regulations for the portion of Tract 2 described in Exhibit "A," hereto
shall be amended as follows:
A. The side yard setback along the northern property boundary shall be reduced from 25 feet to
12.5 feet.
SECTION 3. The Property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code, as heretofore amended, and as amended herein.
SECTION 4. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and
the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict
herewith shall remain in full force and effect.
' SECTION 5. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance,
or of the Allen Land Development Code, as amended hereby, be adjudged or held to be void or unconstitutional,
the same shall not affect the validity of the remaining portions of said ordinance or the Allen Land Development
Code, as amended hereby, which shall remain in full force and effect.
I
SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Allen Land Development Code, as amended, in effect when the offense was committed and
the former law is continued in effect for this purpose.
SECTION 7. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall
be subject to the same penalty as provided for in the Allen Land Development Code, as previously amended,
and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for
each offense.
SECTION S. This ordinance shall take effect immediately from and after its passage and publication in
accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON TIIIS THE 25th DAY OF AUGUST, 2009.
APPROVED AS TO FORM:
� �i
Peter G. Smith, CITY ATTORNEY
APPROVED:
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ntepheniferrell, MAYOR
I:V 1111*1in
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Shelley B. George�C, CITY :+
Ordinance No. 2853-8-09, Page 2
EXHIBIT "A"
LEGAL DESCREPUON
BEING all of Lot 2, Block A of Woods at Watters Road Addition, an addition to the City of Allen according to the plat
recorded in Instrument No. 20070412010001270 of the map records of Collin County, Texas; and being part of that tract
of land described in that General Warranty Deed to Heller Woods Development Corporation, as recorded at County
Clerk's File No. 20070123000101690 of the Deed of Records of Collin County, Texas; said 0.582 acre tract being more
particularly described as follows:
BEGINNING, at a % inch iron rod with "Pacheco Koch" cap set in the west right-of-way line of Watters Road (a 120
foot right-of-way); said point being the northwest comer of a said The Woods at Watters tracts;
THENCE, South 00 degrees, 54 minutes, 33 seconds West, along the said west line of Watters Road, a distance 118.55
feet m a % inch rod with "Pacheco Koch" cap set for comer;
THENCE, North 89 degrees, 05 minutes, 27 seconds West, departing the said west line of Watters Road, a distance of
214.00 feet to a % inch rod with "Pacheco Koch" cap set for comer;
THENCE, North 00 degrees, 54 minutes, 33 seconds East, departing the said west line of Watters Road, a distance of
118.55 feet to a''/: inch rod with "Pacheco Koch" cap set for comer; said point being in the north line of said The Woods
at Watters, L.P. pact;
THENCE, South 89 degrees, 05 minutes, 27 seconds East, along the said north line of the Woods at Watters, L.P. tract, a
distance 214.00 feet to the POINT OF BEGINNING;
CONTAINING 25,730 square feet or 0.582 acres of land, more or less
Ordinance No. 2853-8-09, Page 3